Wehle v. United States Mut. Acc. Ass'n
The Superior Court of the City of New York and Buffalo
Action by Charles Wehle, executor, and others against the United States Mutual Accident Association. The court directed a verdict in favor of defendant, and ordered plaintiffs’ exceptions to be heard at general term in the first instance.
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Action by Charles Wehle, executor, and others against the United States Mutual Accident Association. The court directed a verdict in favor of defendant, and ordered plaintiffs’ exceptions to be heard at general term in the first instance. The action was upon an accident insurance policy issued to plaintiffs’ testator, Henry Wehle, whereby the defendant insured him in the sum of $10,000 against bodily injury through violent and accidental means, from which, death should ensue. The plaintiffs proved, without contradiction, that the insured met his death by accidental drowning near Far Rockaway,…
1Opinion of the CourtMcADAM, J.
The condition of the policy on which the defendant relies for a defense provides that “any medical adviser of the association shall be permitted to examine the person or body of the insured, in respect to any alleged injury or cause of death, when and as often *866as he requires, on behalf of the association, and, in case of any post mortem examination by or on the part of insured’s representatives or beneficiaries, the association shall be given opportunity to attend and participate.” Neither the representatives nor the beneficiaries of the insured directed an autopsy, and hence the medical…
2Cases cited21 opinions
- Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
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3Cited by2 opinions
- Mutual Trust & Deposit Co. v. Travelers Protective Ass'nIndiana Court of Appeals · 1914
- Sudduth v. Travelers' Ins. Co.U.S. Circuit Court for the District of Kentucky · 1901